Senator Francis Tolentino has filed a resolution seeking a Senate investigation into alleged cyanide fishing by foreign fishermen at Bajo de Masinloc, also known as Scarborough Shoal.

Tolentino cited a Bureau of Fisheries and Aquatic Resources assessment in Proposed Senate Resolution 938 which he filed recently.

The BFAR report said the lagoon has been “heavily damaged,” potentially as a result of “cyanide fishing by Chinese and Vietnamese fishermen.”

“[I]t is incumbent upon the Republic of the Philippines to investigate the allegations not only because the same causes the destruction of our marine ecosystem but it also undermines the territorial integrity and sovereignty of the country,” Tolentino said in the resolution.

Citing Section 16, Article II of the Constitution, he highlighted the state’s obligation to “protect and advance the right of the people to a balanced and healthful ecology.”

He also cited the 2016 South China Sea Arbitration Award, which cemented Manila’s claim to the West Philippine Sea and rejected Beijing’s nine-dash line.

Tolentino noted that as a party to the Convention on Biological Diversity, the Philippines should guard against the unsustainable use of coastal and marine resources, which includes a commitment to address the threat of cyanide use and its impact on coastal diversity.

Likewise, he said that as a member of the United Nations Convention on the Law of the Sea, the Philippines must fulfill its obligation to preserve and protect the marine environment.

He also referred to Section 4 of Republic Act 11479, also known as the Anti-Terrorism Act of 2020, which states that the “release of dangerous substances, or causing fire, floods or explosions,” is considered an act of terrorism.

Last week, China categorically denied the accusation of the Philippine government that Chinese fishermen had used cyanide at Scarborough Shoal, which they referred to as Huanguan Island.

In two separate statements on Monday, China Foreign Ministry spokesperson Mao Ning and the Chinese Embassy in Manila both labeled the accusation as “sheer fabrication.”

According to Mao, China does not support practices that harm marine biodiversity.

“The Chinese government attaches great importance to the protection of the eco-environment and conservation of fishing resources and resolutely fights against fishing activities that violate laws and regulations,” she said.

President Ferdinand Marcos Jr. had said the Philippines would file charges against Chinese fishermen for their alleged use of cyanide which has damaged Scarborough Shoal.

BFAR spokesperson Nazario Briguera said the bureau is continuing its investigation on the alleged use of cyanide by foreign fishermen.

“We are investigating the matter to support with evidence our local fishermen’s claims,” Briguera told Daily Tribune.